1. Object of Agreement

  1. InterNetWire Communications GmbH - in the following InterNetWire - is an official registrar for domains, accredited by Internet Corporation for Assigned Names and Numbers (in the following ICANN). In this capacity InterNetWire registeres Domains on a "first come, first served" basis.
  2. All services of InterNetWire are only accepted on the basis of these terms and conditions, as well as subject to the information provided on the website.
  3. Customers Terms and Conditions are only accepted if InterNetWire has provided their consent in written form.
  4. InterNetWire can modify their Terms and Conditions, as well as their price list at any point in time. The customer can object to these modifications within 14 days. Should the customer object, then InterNetWire has the right to terminate the agreement within 14 days. If the customer does not object, then the new Terms and Conditions will apply within the abovementioned 14 days.
  5. The customer is obliged to read and save these Terms and Conditions, as well as the respective appendixes which are relevant to the customer.
  6. By giving an order through InterNetWire and/or by electronic actions the customer hereby declares, that he has the power to place orders directly himself or as the power of attorney of his organisation and that he agrees to the registration agreement in all parts.


2. Contract

  1. A contract can either be closed through written or electronical confirmation by InterNetWire or if the purchase is fullfilled.
  2. If the purchase should only partially be deliverable, then customer will also accept a part-delivery.
  3. Customer is obliged to check the order confirmation from InterNetWire and must contact InterNetWire immediately should any mistakes be verifiable.


3. Domain registration and renewal of registration

  1. InterNetWire registers domains as an official registrar accredited by ICANN. Providing or administering domains Key Systems acts however only as a mediator between the customer and Internic or another institution or company in charge of the administration of the central data base. It has no influence on the distribution process of domain names. As there might be rights of a third party involved InterNetWire has no obligation to guarantee the continuity of the existence of a registered domain.
  2. The customer assures that the domain name and the use of the domain does not interfere with or infringe the rights of a third party and that there are no other obstacels to register the domain name.
  3. The different Domains are administered by various different, usually national organisations. Each of these organisations have different terms and conditions relating to the registration of the respective Domains, as well as the proceedings in domain name dispute matters. As far as Domains are the subject of the contract, the additional terms and conditions of each gTLD and ccTLD apply.
  4. When registering or transfering a domain the customer provides InterNetWire with the power of attorney to submit all updates done through InterNetWire (e.g. DNS Updates, WHOIS-Updates, as well as other domain configuration) on his behalf directly to the respective registry in real-time.


4. Domain Name Dispute Policy and Exemptions

  1. The customer agrees to clarify and settle any disputes according to the Dispute Resolution Policies of the respective responsible Organisations. These Policies can be viewed on the Website of InterNetWire. The language in the Policies may differ depending on the mother tongue of the country.
  2. The customer accepts that InterNetWire acts as an accredited registrar and might be bound to lock, cancel a domain or to transfer it to a third party - according to UDRP-regulations - if the customer does not provide evidence within ten days after an Administrative Panel`s decision, that he has commenced a lawsuit against the complainant in a Mutual Jurisdiction regarding the right to use the disputed domain name.
  3. During a pending administrative proceeding or during a period of fifteen (15) days after such proceeding is concluded or during a pending court proceeding or arbitration commenced regarding the domain name the customer may not transfer the domain name registration to a third party unless the third party agrees, in writing, to be bound by the decision of the court or arbitrator.


5. Limitation of Liability and Force Majeure

  1. As a condition of the customer's access and use of the registration service and other services the customer agrees to defend, idemnify, save and hold harmless Key Systems, agents, partners, ICANN, the central registry as well as all persons involved in the registration process in respect to all claims, demands, liabilities, costs and/or expenses resulting from an illegal use of a domain name registered by the customer. In the event of a claim, customer has the right to prove InterNetWire, that claims in the context of the exemption have not occured in the demanded extent or not at all, and / or the customer is not responsible.
  2. Key Systems, agents, partners, ICANN, the central registry nor any person involved in the registration will be liable to the customer or any third party for any direct or indirect loss of profits, earnings or business opportunities, damages, expense, or costs resulting directly or indirectly from any failure to perform any obligation or provide service herunder because of any Force Majeure, or governmental acts or directives, strikes, riot or civil commotion, war, any natural desaster, equipment or facilities shortages which are beeing experienced by providers of telecommunication services generally, or other similar force or condition beyond Key Systems‘ reasonable control.
  3. InterNetWire cannot be held liable for delays of services and server downtimes due to higher force, fault of third parties or due to events, which InterNetWire has no influence on, despite any agreed upon deadlines and dates. You hereby permit InterNetWire to postpone the service-supply and/or achievement by the duration of the respective disruption plus an appropriate starting time. Furthermore InterNetWire can limit the service, if the stability and security of the operation, the maintenance of the net integrity, in particular the avoidance of serious disturbances of the network, the software or stored data requires it.
  4. Concerning registration of multilingual domain names InterNetWire does not have any control of these registrations and it might be possible that the service will be modified, interrupted or even terminated by the registry without prior notice. InterNetWire has no obligation to guarantee the continuity of the existence or availability of multilingual domain names and registration is on customers own risk. The customer acknowledges, that the functionality of multilingual domains is not hte same as regular domains. Furthermore the customer also acknowledges, that a multilingual domain, due to the introduction of constantly new technical features, may not function at all.
  5. For all services of InterNetWire liability will be limited to intention and gross negligence.
  6. In case of paid services adhesion is limited by KS with negligence and rough negligence to the amount of the payment which can be paid in each case from the customer for the respective achievement and/or achievement period.


6. Duration of Contract and Termination

  1. The duration of contracts concerning registrations of domain names or the administration of domain names transferred to InterNetWire from another registrar can be depending on the respective domain (starting from the date of transfer) one (1) to ten (10) years. Renewals can also be processed for time periods between one (1) to ten (10) years, depending on the respective domain.
  2. For registered domains: If the parties do not agree otherwise, a contract with a limited duration will automatically be renewed for twelve (12) months if one of the parties does not confirm the termination, in writing, three (3) months before the termination.
  3. For ordered Web- and Mailspace: If the parties do not agree otherwise, a contract with a limited duration will automatically be renewed for six (6) months if one of the parties does not confirm the termination, in writing, one (1) month before the termination. Apart from the regulations under a) and b) both parties have the right to terminate the contract for an important reason. An important reason on behalf of InterNetWire can be if the customer:

In these cases the customer loses all rights.

  1. The customer will be informed by e-mail no later than (30) days before the end of the registration period asking payment for renewal. In the case of non payment at least three (3) days prior to the expiration date, then the customer will lose all rights on his domain. If the customer did not terminate the contract on time, and the customer has either identified his payment method to be credit card or bank debit, then we will automatically charge the due amount ten (10) days prior to the expiration date and the contract will be renewed accordingly.
  2. In case InterNetWire can not maintain the registration of a sub-level-domain according to the terms and conditions of the respective Registry, then InterNetWire can terminate this contract by giving notice, in writing, not later than 14 days before the end of a month.
  3. In case of termination of the Domains either through the customer himself or a Domain disputes decision, the customer has no claim for a substitute domain or a refund. Should the Domain be terminated prematurely, then no refunding will take place, if the termination was not caused deliberately or grossly negligently through InterNetWire. This applies likewise to other performances or additionally booked options.
  4. In case of a termination of the accreditation of InterNetWire as registrar, InterNetWire can terminate a contract by giving notice, in writing, not later than 14 days before the end of a month.
  5. Cancellations and notice explanations are required in writing, which applies by fax as protected.


7. Data and Protection of Data

  1. The customer is committed to supply InterNetWire with the following information and data. The customer assures that all submitted data and information to InterNetWire is correct and complete. By changing the data in the customer-online-interface, the customer furthermore assures that these modifications are correct, complete and thruthful. The customer acknowledges that the indication of incorrect data can lead to the immediate deletion of the respective domain without refund. This concerns in particular
  1. According to article 33 of the German Law on the Protection of Personal Data InterNetWire informs his customers that in the process of the registration of domains personal data are stored and processed and that peronsal data are transfered to third parties involved in the registration process. The registration also includes storage of personal data in so-called "whois" data base.
  2. InterNetWire is authorized to use the data for improvement of its services and to even better adapt its services to the needs of the customers.
  3. The customer has the right to be informed free of charge on the storage of his personal data.
  4. The customer agrees to receive informational and marketing emails directly from InterNetWire.


8. Pricing

  1. The prices for domain registration and other services of InterNetWire are published on its website; these prices can be changed at any point in time.
  2. Prices for renewals of domains are only valid for the actual price on the day of the transaction.


9. Payment

  1. Payment can be made by credit card (VISA, Mastercard, AMEX), wire transfer or by sending a check to a German bank.
  2. The registration of services can only proceed after receipt of payment. Should you identify to pay via check or wire transfer, then the registration process will get processed after the funds have been received on the bank account of InterNetWire. All transaction costs are to be covered by the customer.
  3. Customer agrees that he will lose all rights on the selected domain name in case of a charge back by their bank or credit card company, credit card fraud or any other reversed payment. InterNetWire will in such cases decide at its own sole discretion whether to hold the name in its own portfolio or to cancel the domain name.
  4. The customer abstains his right to choose its service and agrees to billing according to §§ 366, paragraph 2 BGB.
  5. Should the customer wish to receive an invoice by regular mail then InterNetWire has the right to charge three (3) Euro for each mail-package. If a bank debit is denied by customer, then InterNetWire can charge a processing fee of 7,67 Euro per bank debit plus the bank costs which are currently 9 Euro.
  6. The payment for a domain registration and other fees are not refundable in case of a premature termination of contract.
  7. Prepayments for domains which could not be registered will be entered onto the customer account and can be refunded at any point in time. The customer will cover all costs of this refund.
  8. Against claims of InterNetWire the customer can only offset his own claims if these claims are accepted by InterNetWire, in writing.


10. Contents

  1. In the case of using web hosting services of InterNetWire customers are responsible to provide full information of name and address in the contents. The customer is furthermore committed to identify the contents on his website as his own together with his complete Name and address. It is also pointed out to the customer that any further obligation of identification e.g. if the content on the respective websites relates to Telecommunication-Services or Media-Services.
  2. The customer may not offend legal prohibitions, the morals and the rights of third parties (brands, name -, authors -, data protection laws etc..), by means of the Internet-presence, placing banners on the website, the designation of his E-Mail address and the contents of his operational website. In particular the customer is committed not to publish pornographic contents and no services directed towards realisation of profits, that are related to pornographic or erotic contents (e.g. pictures of naked people, Peepshows etc..). The customer is not allowed to enter his website in Search-Engines as long as the customer uses key-words which could violate legal prohibitions, the morals and rights of third parties. In each case, the customer will be held liable for all damages resulting from above. Furthermore the customer is committed to cover all damages with may have resulted due to the above.
  3. The customer is responsible to only publish webcontents which comply with the law and the rights of third parties (including copyright and all rights concerning trademarks and personal data).
  4. InterNetWire is not committed to check the the contents of the customers websites or internet-presences. After recognizing legal offences or inadmissible contents, InterNetWire has the right to lock the internet-presence immediately. InterNetWire will furthermore inform the customer immediately of such action.
  5. The customer agrees to defend, indemnify, save and hold InterNetWire harmless in respect to all claims, demands, liabilities, costs and/or expenses resulting from a violation of the obligationes mentioned under a) and b).
  6. All servers of InterNetWire are normally active 24x7. InterNetWire however cannot guarantee to supply services without any interruption. InterNetWire cannot be held liable for loss of data, interrupted data transmission and any other problems which may occur due to technical breakdowns.


11. Customers responsibilities

  1. The customer is responsible for passwords given to him by InterNetWire. If there is an unauthorised insight then the customer is committed to inform InterNetWire immediately. Should third parties receive access to the passwords, due to fault of the customer, then the customer is liable towards InterNetWire for all damages including users fees and compensation.
  2. The customer is committed not to dispatch any advertisement or have advertisement dispatched, without the explicit agreement of the respective receiver. This applies especially if the respective emails have the same content and are sent to a broad mass (so-called "Samming"). Should the customer violate this responsibility, then InterNetWire has the right to delete all services and hold the customer liable for all damages resulting from this.
  3. The customer is obliged to check his emails on a regular basis of max. two (2) weeks. InterNetWire is allowed to send messages back to the sender, should the capacity of the respective email-box be full.
  4. The customer is obligated to arrange his Internet-presence in such a way that an excess of the agreed capacity, e.g. by CGI-Bins, is avoided which require a higher capacity. Key system is entitled, to make the respective websites no longer available for the customer and third parties should they exceed the booked capacity. InterNetWire GmbH will inform the customer immediately from such a measure.
  5. Volume for additional Data-Transfer will be made available by InterNetWire in accordance to technical efficiency of the computing centre and under consideration of the additional payments and prices.
  6. The customer is committed not to maintain any CHAT-Rooms, Chats under the Internet-presences purchased through InterNetWire GmbH.


12. Final Clauses

  1. Modifications to the terms and conditions or the contract, as well as cancellations will only be accepted in writing, including e-mail transmission.
  2. For commercial customers and legal entities in Germany, as well as for all customers without permanent residence in Germany, Munich/ Germany will be the exclusive place of jurisdiction.
  3. For the contract between InterNetWire and its customers the German law is the only effective law.
  4. If any provision of these terms and conditions shall be unenforceable and/or invalid, such unenforceability and/or invalidity shall not render these terms and conditions uneneforceable or invalid as a whole. Any provision determined to be unenforceable or invalid shall nontheless be enforced to the fullest extent permitted by applicable law. Such provision might also be replaced by InterNetWire with one which is valid and enforceable and contents, to the extent possible, of the original objectives and intents, as reflected in the original provision.
  5. Both, the English and German version of these "terms and conditions" are valid. In case of doubt, however, the German Terms and Conditions will be decisive.